Jan 24, 2006 2:39 pm US/Eastern
Nixzmary's Law Proposed In NY State Senate
Law Would Stiffen Penalties For Those Who Intentionally Cause Death Or Abuse Or Torture
ALBANY (AP) ―
Parents or guardians who cause the death of a child under the age of 14 would face life in prison under a proposal announced Tuesday by state Senate Republicans spurred by the beating death of a Brooklyn girl.
"Nixzmary's Law," backed by Senate Majority Leader Joseph Bruno, would mandate life without parole for the parent, guardian, or person in a position of trust who causes the death of a child intentionally or through abuse and torture.
The proposal is named after Nixzmary Brown, found dead in her home on Jan. 11. Authorities said the girl was bound and held captive before her stepfather Cesar Rodriguez killed her with a blow to the head. Rodriguez and the girl's 27-year-old mother, Nixzaliz Santiago, have been indicted on charges of second-degree murder, child endangerment and assault. The mother allegedly ignored the loud thumping noises and cries for help.
"She asked for mercy, she got none. She asked for help, she got none. Nobody answered. Now there are cries of outrage ... Now the question is, are we going to answer the cries of outrage?" said Sen. Raymond Meier, a Utica area Republican and sponsor of the bill.
Meier, while admitting much more had to be done to address problems in the child welfare system that failed to prevent the girl's death, said the law would be an initial step toward better protecting children. He noted that Rodriguez, if convicted, could serve as little as 15 years behind bars for the crime.
"Clearly we have to do some things beyond this," he said. But, if "you put somebody in prison for life, without parole ... they will never, ever harm another child again."
Similar legislation is being introduced in the Democrat-led Assembly. The Assembly has scheduled a public hearing on the matter Feb. 9 in New York City, said Sisa Moyo, a spokeswoman for Speaker Sheldon Silver.
A half-dozen employees at New York City's Administration for Children's Services have been suspended or disciplined over their responses to reports of problems at Nixzmary's home. The city has also announced a comprehensive review of cases of abuse and neglect that were still under investigation.
The Senate was also scheduled to pass bills to strengthen and update the state's laws dealing with child sexual predators.
The Assembly on Monday released its own bills that address the same issues, but they are fundamentally different than the package being supported by the Senate and Gov. George Pataki.
The Assembly, Senate and governor will have to compromise for the competing bills to become law.
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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